Judicial Interpretation of Marriage Law
 3、 It is the interpretation of the Supreme People's Court on several issues concerning the application of the Marriage Law of the People's Republic of China, and is an effective supplement of the Supreme People's Court to the existing marriage law. The explanation pointed out that if one of the husband and wife signed a real estate sales contract before marriage, paid the down payment with their personal property and borrowed money from the bank, and paid back the loan with their joint property after marriage, the real estate was registered in the name of the down payment payer, the real estate should be handled by both parties through agreement when divorce. If no agreement can be reached, the people's court may make a judgment that the real estate belongs to the party whose property right is registered. The premarital loan will be jointly repaid after marriage. Since the marriage certificate is obtained, the repayment part and the income will be shared by both parties, half for one person. Relevant knowledge: several cases of identifying personal property before marriage: one party contributed money before marriage and bought the house in his own name, while the other party did not contribute money: in this case, the house should belong to the personal property of the party who contributed money before marriage. Before marriage, both parties made capital contributions, but purchased the house in the name of one party: in this case, if the party who made the capital contribution cannot prove that the purpose of the capital contribution is to live together after marriage, the court will generally recognize it as the personal property of one party before marriage. Before marriage, one party makes a full contribution, but buys it in the name of the other party: in this case, if the party who makes a full contribution has no evidence to prove that it is for the purpose of living together after marriage, it will be very unfavorable to it, and the house will be considered to be the pre marital property of the registrant to a large extent. Before marriage, the house is purchased in the name of both parties, but only one party contributes: in this case, if the two parties have not agreed otherwise, if the property right is registered in the name of one party, the other party's contribution will be considered as a gift to the party who has not contributed. If the property right is registered in the name of both parties, and there is no agreement on sharing by shares, the house will be considered as a joint ownership. If it is clearly stated on the property right certificate that the property is jointly owned by shares, or both parties have a written agreement that the property is jointly owned by shares, if both parties cannot continue to live after marriage, one party may sell the share of property right to the other party, or the court may make a judgment.